Burnett v. Hawpe's ex'or
Supreme Court of Virginia
Henry Hawpe, of the county of Augusta, died in March or April 1859, leaving a will which was duly admitted to probate in the County court. He left two daughters, M. A. McKee and Elizabeth Steele, and he appointed David Blackwood his executor, and also trustee to carry out the wishes of his will.
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Henry Hawpe, of the county of Augusta, died in March or April 1859, leaving a will which was duly admitted to probate in the County court. He left two daughters, M. A. McKee and Elizabeth Steele, and he appointed David Blackwood his executor, and also trustee to carry out the wishes of his will. By the third clause of his will he devised to his daughter, Mrs. Steele, a farm on which she lived, called the “Brown” farm, for her sole use, and free from the control, debts or liabilities of her husband, J. II. Steele, and at her death then to go in remainder to her children in fee simple, in equal…
1Opinion of the CourtStaples, J.
It is the established doctrine of this court, that a married woman, as to property settled to her separate use, is to be regarded as a feme sole, and has the right to dispose of all her separate personal estate, and the rents and profits of her separate real estate, in the same manner as if she were a feme sole, unless her power of alienation be restrained by the instrument creating the estate. West v. West's ex'ors, 3 Rand. 373; Vizonneau v. Pegram et als., 2 Leigh 183; Woodson, trustee, v. Perkins, 5 Gratt. 346.
As incident to this jus disponendi, a feme covert may charge the separate estate…
2Cases cited1 opinion
- Penn v. WhiteheadSupreme Court of Virginia · 1867
3Cited by25 opinions
- Hughes & Co. v. HamiltonWest Virginia Supreme Court · 1882
- Darnall v. Smith's adm'rSupreme Court of Virginia · 1875
- Bain & Bro. v. Buff's Adm'rSupreme Court of Virginia · 1882
- Bank of Greensboro' v. ChambersSupreme Court of Virginia · 1878
- Jones v. DeggeSupreme Court of Virginia · 1888
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